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UPDATE: Case Dismissed but 1 Issue: Being Sued By Portfolio in Texas


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I received summons on 3/22 and filed my answer on 3/30 then filed a request for discovery on 3/31 since it is in justice court. The request was approved so now I just need help with my discovery questions.

The law firm sent a letter that I received today stating that if I want to see any documents that they have I have to send a written request to Portfolio despite the judge sending them a copy of the approval for discovery.

Unfortunately, we have been down this road before but with the help of this site and @texasrocker, the case was dismissed the day of the trial. 

For some reason I have 2 copies of everything I sent to and received from the plaintiff in that case except the discovery questions. So I'm reaching out to you guys again for help with this.

 

1. Who is the named plaintiff in the suit?

Portfolio Recovery

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Rausch, Strum, Israel, Enerson & Hornik (looks like the have been extremely busy in Texas)

3. How much are you being sued for?

$551

4. Who is the original creditor? (if not the Plaintiff)

citibank (Home Depot)

5. How do you know you are being sued? (You were served, right?)

received advertisements from lawyers first and I look up the case

6. How were you served? (Mail, In person, Notice on door)

in person

7. Was the service legal as required by your state? 

Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

none

9. What state and county do you live in?

Texas, Denton

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Aug 2013

11. What is the SOL on the debt? To find out:

4 years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Received approval for discovery from judge

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

yes 

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

yes

15. How long do you have to respond to the suit? (This should be in your paperwork).  If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

Already responded 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

None

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

Thank you in advance for any help you guys can give. I'll have to update my old thread that we won!!

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So just wanted to update:

I sent off my discovery paperwork yesterday to the lawyers office. Thank you @texasrocker for your help on that. I greatly appreciate your quick reply on my questions.

Today I get a certified letter from the lawyers office. It was a Motion in Opposition to Serve Discovery that they filed on 4/15. I also received a letter from the judge today that was a copy of the motion with a stamp at the bottom dated 4/18 with the word DENIED

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  • 4 weeks later...

UPDATE:

I was getting ready to come here to seek advice on how to draft a Motion to get PRA to answer the discovery I sent almost 30 days ago. So this morning I went to the county court records website to check status and it stated DISMISSED.  Que Happy Dance!!!!!

When I clicked on my case it stated on 5/16 Disposition Non-Suit BUT the weird thing is that the Plaintiff name has changed on the suit. Case number, all dates and other info is the same. 

PRA was suing on behalf of Citibank/Home Depot but I now it states PRA/Synchrony Bank/JC Penney. 

I don't know how this has been changed since the court's last entry on 4/15 when the judge denied PRAs motion in opposition of discovery. 

Do I need to contact the clerk to make sure they have the correct info?  I'm pretty sure I will get the dismissal in the mail from the judge today or tomorrow since the court is only a few miles from my house.

 

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You might consider going to the court clerk's office and getting copies of everything on that docket for this case.  If there were changes made to names of parties, that could give rise to your own cause of action against them depending on how it was done.  The JDB is violating laws if they lie about who owns the debt.  The JDB's attorney could also possibly be on the hook for damages as well if they were aware of false information being used in the case.  Also, this could be a mistake, they could have confused two cases and dismissed the other case, but somehow confused it with yours.  It's best to make sure.

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I would wager this to be a clerical error on the court's part.   They probably have an abundance of pending Portfolio Recovery cases cramming up their dockets judging by the amount that have been showing up here of late. 

Anyway, non-suit is exactly what we were shooting for.    Rausch, Strum, Israel, Enerson & Hornik  are the first to fold when forced to prove up their alleged assignment and it usually occurs a few days before their deadline to answer discovery.   

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